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OpenVPN Terms and Conditions 2021
OpenVPN Terms and Conditions 2021
1. Acceptance of Agreement.
By using any portion of the websites at <openvpn.net><openvpn.com><openvpn.cloud> (the “OpenVPN Sites”) or any
content on or downloadable from the OpenVPN Sites (“Content”), you agree to these Terms of Use (this “Agreement”). If
you are not willing to accept this Agreement, you must not use the OpenVPN Sites or any Content.
“You” and “your” refer to each user of the OpenVPN Sites. If you are using the OpenVPN Sites on behalf of a legal entity,
then (a) you, as an individual, warrant that you have authority to bind that entity to this Agreement and (b) “you” and
“your” also refer to that entity.
This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or
contemporaneous agreements with respect to the subject matter of this Agreement.
The latest version of this Agreement will be posted on the OpenVPN Sites.
“Software and Services Agreements” means the terms and conditions set forth in, and in any agreements referenced by,
the remainder of this Section 2. In the event of a conflict between the Software and Services Agreements and this
Agreement, the Software and Services Agreements will govern.
OpenVPN Inc. provides its OpenVPN software under licensing designed to meet the needs of any size business, enterprise,
distributor, system integrator, or open source project;
OpenVPN Access Server is the Enterprise version of OpenVPN software. Access Server is a full featured secure network
tunneling VPN software solution that integrates OpenVPN server capabilities, enterprise management capabilities,
simplified OpenVPN Connect UI, and OpenVPN Client software packages that accommodate Windows, MAC, Linux,
Android, and iOS environments. OpenVPN Access Server supports a wide range of configurations, including secure and
granular remote access to internal network and/ or private cloud network resources and applications with fine-grained
access control. OpenVPN Access Server Enterprise Software Licensing is governed by OpenVPN End User License
Agreement (EULA). Before using OpenVPN Access Server Enterprise Software please review the End User License
Agreement.
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OpenVPN Cloud is a service offered by OpenVPN Inc. that provides a fully-hosted VPN service that allows users access to
all VPN capabilities without the need to host an actual server. All usage on OpenVPN Cloud is governed by the OpenVPN
Cloud End User Agreement. Before using OpenVPN Cloud, please review this Agreement — by accepting these Terms of
Service you also accept the terms of the OpenVPN Cloud Agreement.
• OpenVPN 2 Open Source Software License is governed by GNU General Public License version 2 (GPLv2).
• OpenVPN 3 Open Source Software License is governed by GNU Affero General Public License (AGPL).
Determining commercial or non-commercial use of OpenVPN® Community Open Source Software depends on the
specifics of the software project and the intentions of the user. Some use cases may be challenging to categorize as
commercial or noncommercial. OpenVPN Inc. does not give legal advice. If there exists any doubt as to your use or
intended use of our software please consult a professional legal resource familiar with software licensing and the GPL
(General Public License).
We, or in certain instances our licensors, own all Content and all intellectual property rights therein, including without
limitation all copyrights. The copying, redistribution, use or publication by you of any Content, except as allowed by
The GPLv2 is the license that defines the terms of use for OpenVPN® Community Software and does not govern the
legal use of the OpenVPN Trade Mark name and use of our logos—these are restricted by US copyright and Trade Mark
laws and OpenVPN policies.
Please read the OpenVPN Trade Mark, Copyrights, and LogoUse Guidelines located at the end of this terms of use.
You are granted a non-exclusive, non-transferable, revocable license (a) to make Non-commercial Use of the OpenVPN
Sites and Content and (b) to print out, and to make Non-commercial Use of, portions of the OpenVPN Sites and Content
to the minimum extent required to exercise the rights set forth in clause (a), above. You may not make the OpenVPN Sites
or the Content, or any portion or any copy thereof, available to any third party. No part of the OpenVPN Sites or the
Content, or any copy thereof in any medium, may be used by you in any litigation or arbitration matter whatsoever
You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display,
distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of
the OpenVPN Sites or any Content; (b) use the OPENVPN
OpenVPN CLOUDSites or TODAY
IS LIVE: TRY Content to develop, or as a component of, any
FOR FREE
information, storage and retrieval system, database, information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental,
subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any
Content; (d) use any Content in any manner that infringes, misappropriates of violates any intellectual property right or
any other right of us or any third party; (e) remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the OpenVPN Sites or any Content; (f) make any portion of the OpenVPN Sites available through
any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g)
remove, decompile, disassemble or reverse engineer any OpenVPN Sites software or use any network monitoring or
discovery software to determine the OpenVPN Sites architecture; (h) use any automatic or manual process to harvest
information from the OpenVPN Sites; (i) use the OpenVPN Sites for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names,
or other means of deceptive addressing; or (3) unsolicited telephone calls or facsimile transmissions; (j) use the
OpenVPN Sites or any Content in a manner that violates any state or federal law; or (k) export or re-export the OpenVPN
Sites any Content or any portion thereof in violation of the export control laws or regulations of the United States.
To the extent that there is any conflict between clause (a), (b) or (c) in the preceding paragraph and any provision of a
license agreement pertaining to any OpenVPN® software, the license agreement will govern.
We may make available through the OpenVPN Sites or through third-party websites sample and actual forms, checklists,
business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive
basis solely for your personal, one-time Non-commercial Use, without any right to re-license, sublicense, distribute,
assign or transfer such rights. Documents are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The
Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim
any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The
Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or
additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate
legal or business documents necessary for your particular transactions, as the Documents are only samples and may
not be applicable to a particular situation. Some Documents are public domain forms or available from public records.
Information contained on or made available through the OpenVPN Sites is not intended to and does not constitute legal
advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is
formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information
contained in or linked to the OpenVPN Sites. Your use of information on the OpenVPN Sites or materials linked to the
OpenVPN Sites is entirely at your own risk. We are not a law firm and the OpenVPN Sites is not a lawyer referral service.
advertisements, the copyright notice, or other notices on the OpenVPN Sites, (b) your OpenVPN Sites does not engage in
illegal or pornographic activities, and (c) you discontinue providing links to the OpenVPN Sites immediately upon request
by us.
10. Advertisers.
The OpenVPN Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring
that material submitted for inclusion on the OpenVPN Sites is accurate and complies with applicable laws. We are not
responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
11. Registration.
Certain sections of, or offerings from, the OpenVPN Sites may require you to register. If registration is requested, you
agree to provide us with accurate, complete registration information. Your registration must be done using your real
name and accurate information. Each registration is for your personal use only and not on behalf of any other person or
entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a
single name being made available to multiple users on a network. You are responsible for preventing such unauthorized
use.
We do not represent or warrant that the OpenVPN Sites will be error-free, free of viruses or other harmful components, or
that defects will be corrected. We do not represent or warrant that the Content will be correct, accurate, timely or
otherwise reliable. We may make changes to the features, functionality or Content of the OpenVPN Sites at any time. We
reserve the right in our sole discretion to edit or delete any Content.
Third-party content may appear on the OpenVPN Sites or may be accessible via links from the OpenVPN Sites. We are not
responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood,
obscenity, pornography or profanity in the statements, opinions, representations or any other form of third-party content
on the OpenVPN Sites or elsewhere. You understand that the information and opinions in the third-party content
represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our beliefs or
opinions.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
15. Indemnification.
successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including
reasonable attorney’s fees, related to your violation of this Agreement or use of the OpenVPN Sites.
16. Assignment.
Licensor may assign its rights and obligations hereunder to any person or entity that succeeds to all or substantially all of
Licensor’s business or that aspect of Licensor’s business in which Licensee is principally involved. Licensee may not assign
any rights and obligations under this Agreement without the prior written consent of Licensor.
17. Disclaimer.
THE OPENVPN SITEs AND CONTENT ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE OPENVPN SITEs AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THE OPENVPN SITEs AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE OPENVPN SITEs OR ANY
CONTENT OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING
A FORM OR DOCUMENT IS DISCLAIMED.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any
way from (i) any errors in or omissions from the OpenVPN Sites or any Content, (ii) the unavailability or interruption of the
OpenVPN Sites or any features thereof or any Content, (iii) your use of the OpenVPN Sites or Content, or (iv) any delay or
failure in performance beyond our control.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING
TO THE OPENVPN SITEs AND/OR THE CONTENT SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER
REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
We reserve the right, and you authorize us, to the use and assignment of all information regarding OpenVPN Sites uses by
you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas,
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graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We
will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may
appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present
and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending
the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full
responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may
purchase certain goods or services. You understand that we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We
are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
ANY INFORMATION APPEARING ON MERCHANT OPENVPN SITEs OR ANY OTHER OPENVPN SITEs LINKED TO OUR OPENVPN SITEs.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any
Merchant OpenVPN Sites. We are not responsible for information provided by you to Merchants. We and the Merchants
are independent contractors and neither party has authority to make any representations or commitments on behalf of
the other.
We have developed a policy to address and respect your internet privacy concerns. We encourage you to read
our Privacy Policy before browsing or using any of our Websites to understand our information gathering, use and
privacy practices. The privacy policy is part of this agreement and we reserve the right to make changes at any time.
23. Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company,
and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
The OpenVPN Sites may include statements concerning our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well as our intentions, plans and objectives
(particularly with respect to product and service offerings), that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are
beyond our control. When used on our OpenVPN Sites, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,”
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“plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The OpenVPN Sites and the information contained herein
does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or
documents.
The OpenVPN Sites contains links to third-party websites. We are not responsible for the content, accuracy or opinions
expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked website on the OpenVPN Sites does not imply approval or endorsement of
the linked website by us. If you decide to leave the OpenVPN Sites and access these third-party websites, you do so at
The OpenVPN Sites contains information and press releases about us. We disclaim any duty or obligation to update this
information or any press releases. Information about companies other than ours contained in the press release or
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding
28. Identification.
Licensor may use Licensee’s name and logo in client listings. Licensor may issue a press release announcing the
relationship contemplated hereby, subject to Licensee’s approval which shall not be unreasonably withheld or delayed.
To the extent that you purchase any products or services directly from us, we will refund you your purchase price within
30 days of you notifying us in writing of your desire for the refund, together with the reason for the request, with the
product or service returned to us in substantially the same condition as when purchased. Please note, however, that
certain products and services mentioned on our OpenVPN Sites are sold by third parties or are linked to third-party
websites, and we have no responsibility or liability for those products or services. You may request a refund by
contacting us by email at webmaster@openvpn.net.You may obtain any additional information concerning our refund
and return policy, including our mailing address, by contacting us at webmaster@openvpn.net.
30. Miscellaneous.
This Agreement shall be treated as though it were executed and performed in San Francisco, California, and shall be
governed by and construed in accordance with the laws of the State of California (without regard to conflict of law
principles). Any cause of action by you with respect to the OpenVPN Sites (and/or any information, Documents, products
or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this
party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and
effect. To the extent that anything in or associated with the OpenVPN Sites is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall
31. Arbitration.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action
taken by us to collect or recover damages for, or obtain any injunction relating to, OpenVPN Sites operations, intellectual
property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration
rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pleasanton,
California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or
us may seek any interim or preliminary relief from a court of competent jurisdiction in Pleasanton, California necessary
to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of
The use of the OpenVPN name and logos are protected by US trademark and copyright laws. Your business and
product communications must include the appropriate copyright or trademark ® symbol and a disclaimer stating that
OpenVPN is a registered trademark of OpenVPN Inc. Not doing so, would confuse and lead consumers to infer an
affiliation with OpenVPN and OpenVPN Inc. Exception; Media writers, blogs, if simply referring to the OpenVPN
trademarked name in a purely descriptive manner to support their opinions do not have to include the copyright
Correct: OpenVPN®
Incorrect: OpenVPN
REQUIRED STATEMENT
The above required statement must always appear as complete sentences, and must appear on the copyright page
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and the page of the material in which OpenVPN® is mentioned.
No OpenVPN trademark or logo may be used in a way that is likely to imply that the user, its products, or its services
are endorsed by, sponsored or affiliated with OpenVPN, without written permission from OpenVPN Inc.
You must comply at all times with any version of the GNU General Public License applicable to any copyright or
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following
Redistributions of source code must retain our copyright notice and the disclaimer as listed below.
Redistributions in binary form must reproduce our copyright notice and disclaimer in the documentation and/or other
Neither the name OpenVPN nor the names of its contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
Some OpenVPN products may include technology components governed by the GPL license. You may only use these GPL
RESERVATION OF RIGHTS
OpenVPN Inc. is the owner of all right, title, and interest in the OpenVPN brand and logos. No person or entity may
reproduce or use (or authorize the reproduction or use of) the OpenVPN brands and logos in any manner other than
expressly authorized by OpenVPN Inc. Unauthorized use of OpenVPN brands and logos is strictly prohibited.
OpenVPN Inc. may, at its sole discretion, modify the OpenVPN brands and logos at any time. In order to assure
compliance and quality of control, OpenVPN Inc. may request that you provide samples of any marketing, advertising, or
DISCLAIMER
These guidelines are not intended to serve as legal advice. Should you have questions regarding your legal rights or
duties, please consult your own attorney. Should you have further questions regarding OpenVPN Inc. Trademark,
OpenVPN®
OpenVPN Inc. reserves the right to change this policy at any time, without notice.
Last Revised: November 29th 2018 OPENVPN CLOUD IS LIVE: TRY TODAY FOR FREE
OpenVPN End User License Agreement (EULA).
To prepare for future updates, we are advising all customers to please upgrade to the latest version of Access Server.
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